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Special Use Permits 2006 3u. f' 1 . ( } COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT For A Telecommunication Facility in a R-15 S-537, 09/05 The County Commissioners for New Hanover County having held a public hearing on January 9, 2006 to consider application number S-537 submitted by Blanchard, Jenkins et al for Cingular Wireless for a special use permit to locate a telecommunications facility in a R-15 Residential District located at 1540 Murrayville Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that the specific requirements set forth in Section 72- 27 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The County Commissioners do not find the telecommunication tower would be in harmony with the residential neighborhood adjacent to which it would be placed. The Board is not satisfied that the tower would not impose an undue visual hardship upon these residents, nor that there is not a location at which the tower could be placed which would not impose such a hardship and/or create such a disharmonious situation. 3. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT are not satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE DENIED. Ordered this 9th day of January 2006 its Robert G. Greer, Chairman Attest: %\ilt\rA_ Sheila L. Schutt, Clerk to the Board SuP � . � . Z. 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a Mini Warehouse Facility in a CD(I-1)Light Industrial District Z-820, 12/05 The County Commissioners for New Hanover County having held a public hearing on January 9, 2006 to consider application number Z-820 (CD) submitted by William Ambrose for a special use permit to expand parking by locating a mini warehouse facility in an Conditional Use (CD) I-1 Light Industrial Zoning District at 6631 & 6639 Gordon Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health 1 or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Ogden VFD. B. Proposed access to the site is from Gordon Road and Ogden Park Drive. C. County water and sewer will serve the site. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The petitioner is proposing three (3)one story buildings totaling 79,887 square feet. B. The petitioner is also proposing a 1,200 square foot office building. C. A site plan has been submitted that can meet the landscaping, setback, and buffer requirements of the ordinance. However,the tree survey for the site needs to be finalized. D. Several significant trees are located on site and will need to be mitigated. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The western property line of the subject property abuts Farrington Farms subdivision #! which is in a R-10 District. Zoning on the adjacent parcels to the east is O&I. B. Zoning across Gordon Road from the property is I-1 Light Industrial. C. The subject property is across the street from Ogden Park and Eaton Elementary School. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The site is classified Developed on the County's 1999 Land Use Plan. The purpose of the Developed class is to provide for continued intensive development and redevelopment in existing urban areas. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. Protect the two significant oak trees located near the front of the property. B. Confine the lighting to the site and away from adjoining residential neighborhoods. C. Install an eight-foot high fence adjacent to Farrington Farms subdivision in the buffer yard. D. Limit hours of operation to 6:00 am to 9:00 pm. E. Install an eight-foot aluminum estate fence behind the office buildings to accommodate a larger street yard and preserve the natural tree canopy. F. Allow no yards sales on premises. Ordered this 9th day of January 2006 /'' Robert G. Greer, Chairman Attest: ll� V 1,.l0M Sheila Schult, Clerk to the Board 1 Slap T. 1 .g COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate Non-Residential Off-Street Parking for 28 Spaces in a R-15 Residential District S-544, 12/05 The County Commissioners for New Hanover County having held a public hearing on December 5, 2005 to consider application number S-544 submitted by Chris Johns for GP Pond Associates for a special use permit to expand parking by locating a 28 non-residential off-street parking spaces in an R-15 Residential Zoning District at 5564 Carolina Beach Road and having heard all of the evidence and arguments s presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: 1 A. Access to the facility will be from the existing parking lot with connections to Dunhill Lane and Carolina Beach Service Rd B. Fire Service is available from the Myrtle Grove Station nearby. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. Commercial Parking may be permitted in Residential Districts by Special Use Permit. B. Buffer yards and Setbacks have been shown on the plan. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth F general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Urban Transition, which allows for more intense development. 1 B. The property adjoins a Commercial Center south of Monkey Junction. C. Site lighting shall be located so as not to shine on adjacent residential property. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. Existing tree line and vegetation should remain along Dunhill Lane. Ordered this 9th day of January 2006 ef, Robert G. Greer, Chairman / '� Attest: w•- Sheila Schult,Clerk to the Board . 1 yy: - UP * 1 `f' COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Singlewide Mobile Home in a RA Rural Agricultural Zoning District S-548, 01/06 The County Commissioners for New Hanover County having held a public hearing on January 9, 2006 to consider application number S-548 submitted by Danette Grant Young for a special use permit to locate a single wide mobile home in a RA Rural Agricultural District located at Lot 10 Castle Farms Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is part of the Castle Farms Mobile Home subdivision located in the Castle Hayne community near Lynn Avenue,Lot 10 Castle Farms Road. B. An individual well and septic tank serve for the utilities. C. Access to the property is from Castle Farms Road. D. Fire Service is available from the Castle Hayne VFD. 3. It is the County Commissioners' CONCLUSION that the ro osed use DOES satisfy the second P P Y general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: !. A. The property is zoned RA Rural Agricultural Zoning District. B. A Special Use Permit in the Rural Agricultural zoning district permits singlewide mobile homes. C. The property can accommodate the setback requirements for a singlewide mobile home if the home is re-oriented or a variance is granted. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Several other singlewide mobile homes exist nearby. B. A singlewide mobile home recently received a Special Use Permit at the corner of Lynn Avenue and Castle Farms Road. Another singlewide mobile home received a Special Use Permit in July of 2005 at Lot 21 on Castle Farms Road. C. No evidence has been submitted that this project will decrease property values of residents or commercial uses nearby. 1 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Resource Protection. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. B. Other mobile homes are located nearby, some for 10 years or more. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the , authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) All other applicable federal, state and local laws. Ordered this 9th day of January 2006 {{ A Robert G. Greer, Chairman Attest: s \\;J\c. s3t1/41.1, Sheila Schult,Clerk to the Board ti COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Increase a Child Daycare Center from 5 to 8 Children S -547, 01/06 The County Commissioners for New Hanover County having held a public hearing on February 6, 2006 to consider application number S -547 submitted by Thelma Washington for a special use permit to increase a child daycare center from 5 children to 8 children in an R -10 Residential Zoning District at 309 Cardiff Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 -27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. County water and sewer serve the property. B. The property indirectly accesses Castle Hayne Road, an identified arterial, via Rock Hill Road an identified collector. C. Fire Service is available from the Wrightsboro Fire Station nearby. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R -10 Residential. B. Off - street parking requirements are on the plan and meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The entire play area is in an enclosed fence with a minimum height of four feet. D. The applicant states the day care is licensed by the State of North Carolina. E. No outside on- premises signs currently exists. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover B. County. C. No evidence has been submitted that this project will decrease property values of residents who live nearby. D. No new structures are proposed for the Special Use Permit. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as rural. The purpose of the Rural class is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction and other traditional agrarian uses. This classification discourages the premature conversion of these lands into urban-type uses and the subsequent loss of resource production. B. Policies in the Comprehensive plan support providing additional services for the special needs population, the elderly as well as for children. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. All applicable federal, state and local laws. Ordered this 6th day of February 2006 William A Caster, Chairman Attest: Sheila Schult, Clerk to the Board su-p 4.2.z COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Singlewide Mobile Home in a R -20 Residential Zoning District S -550, 02/06 The County Commissioners for New Hanover County having held a public hearing on February 6, 2006 to consider application number S -550 submitted by Deborah Stafford for a special use permit to locate a singlewide mobile home in a R -20 Residential Zoning District located at 3321 Oakley Circle and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 -27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is near the Oakley Mobile Home Park. B. An individual septic tank and shared well will serve for the utilities. C. Access to the property is from Oakley Road, off Castle Hayne Road. D. Fire Service is available from the Castle Hayne VFD. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R -20 and R -15 Residential Zoning District. B. A Special Use Permit in the R -120 Residential Zoning District permits singlewide mobile homes. C. The property can accommodate the setback requirements for a singlewide mobile home. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Approximately twenty (20) other mobile homes exist nearby. B. No evidence has been submitted that this project will decrease property values of residents or commercial uses nearby. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The purpose of the Rural class is to provide for areas of low intensity land uses, such as agriculture, forest management, mineral extraction and other traditional agrarian uses. This classification discourages the premature conversion of these lands into urban -type uses and the subsequent loss of resource production. B. Several other mobile homes exist nearby, some for 10 years or more. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: (1) Family members can only use the mobile home. (2) The mobile home must use the existing driveway for access and not install a new one. (3) All other applicable federal, state and local laws. Ordered this 6th day of February 2006 William A. Caster, Chairman Attest: s► Sheila Schult, Clerk to the Board SuP `F. 3. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a Veterinary Clinic in a CD(O&I) Office and Institutional Zoning District Z-829,02/06 The County Commissioners for New Hanover County having held a public hearing on March 13, 2006 to consider application number Z-829(CD) submitted by Audrey Mizrahi for a special use permit to locate a veterinary clinic in a Conditional Use (CD) O&I Office and Institutional Zoning District at 4229 Castle Hayne Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The property currently has a well and septic tank. B. All of the property is located outside a 100-year flood area. C. Access to the property is from US Hwy 117/NC 133 Castle Hayne Road a major arterial on the County Thoroughfare Classification Plan. D. Fire Service is available from the Castle Hayne VFD 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A Special Use in an O&I zoning district allows a veterinary clinic. B. The site plan must show a buffer for the northern property boundary,which is required because it abuts a residential district. C. Parking requirements are 17 spaces. D. Total signage is 16 square feet, less than the allowed 75 square feet. E. The existing structure meets the minimum setbacks for abutting residential districts on the north and west sides of the property. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value p, of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of commercial uses nearby. B. The applicant obtained signed petitions expressing no opposition from the surrounding €' property owners to the veterinary clinic. t t 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Resource Protection,no new structures are proposed. B. An existing O&I(CD) for a dentist office abuts the south portion of the property 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. All federal state and local laws. Ordered this 13th day of March 2006 Robert G. Greer,Chairman P 3'4.1LA" Sheila Schult, Clerk to the Board 1 •p 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a High Density 50 unit Residential Development in a R-15 Zoning District Located at 4731,4735 and 4809 Carolina Beach Road S-551, 2/06 The County Commissioners for New Hanover County having held a public hearing on February 2, 2006 to consider application number S-551 submitted by Sass and Schwenker, LLC for a special use permit to locate a High Density 50 unit residential development in a R-15 Residential District located at 4731,4735 and 4809 Carolina Beach Road and having heard all of the evidence and arguments presented at the hearing,make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. Public water and sewer will serve the site C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Carolina Beach Road(US421), a major arterial thoroughfare. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows High-Density development in an R-15 Residential District in accordance with certain performance criteria. B. The maximum number of allowed units on 6.41 acres in an R-15 under High-Density development is 65 units. The applicant proposal has only 50 units. C. The minimum required amount of open space is 2 acres. The applicant has approximately 3 acres. D. Maximum impervious surface ratio is 40% for an R-15. The applicant has 39.7%. E. Parking,building height and impervious coverage satisfy the county zoning ordinance. F. Buffer yards and setbacks are on the proposed plan and meet the county zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value ?. of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Developed. The purpose of the Developed class is to provide for continued intensive development on lands that have urban services. B. Some R-10 zoning districts exist adjacent to this section of Carolina Beach Road. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: A. Keep the existing significant hardwood trees. B. Keep the existing hollies along the streetscape. C. Extend the interior street to allow a future connection to Belle Meade Woods. D. All other applicable federal, state and local laws. Ordered this 13th day of March 2006 ii id/A4164-- tit Robert G. Greer,Chairman ,e4 _%\iLak. 3.64.3.V Sheila L. Schult, Clerk to the Board st.4..P4. 3, 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Singlewide Mobile Home in a R-20 Residential Zoning District S-555, 03/06 The County Commissioners for New Hanover County having held a public hearing on March 13, 2006 to consider application number S-555 submitted by Olethea McAllister for a special use permit to locate a singlewide mobile home in a R-20 Residential Zoning District located at 20 Granny Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property abuts I-140 in the rear. B. A joint well and individual septic will serve for the utilities. C. Access to the property is from Chair Lane, off Castle Hayne Road. D. Fire Service is available from the Castle Hayne VFD. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-20 Residential. fi B. A Special Use Permit in the R-20 Residential Zoning District permits singlewide mobile homes. C. The property currently has an existing house. D. The size of the property is 2.30 acres enough property for both houses. E. The property can accommodate the setback requirements for a singlewide mobile home. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Two other mobile homes exist nearby, one on the adjoining property. B. No evidence has been presented that this project will decrease property values of nearby residents. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 1999 Land Use Plan identifies this area as Resource Protection. The purpose of the Resource Protection class in this area is to protect the Castle Hayne Aquifer. B. Other mobile homes exist nearby, some many years or more 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: (1) Olethea McAllister can only use the mobile home. (2) All other applicable federal, state and local laws. Ordered this 13th day of March 2006 1464113^Cilt"- ey: Robert G. Greer,Chairman r 1/41! g \t■i:A\b. Sheila Schult, Clerk to the Board _s u.P 4. 4. } COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT S-549 High Density Residential (4416 South College Road) The New Hanover County Board of Commissioners having held a public hearing on April 3, 2006, to consider a request by Withers and Ravenel for Kevin Hoban for a special use permit to allow a 122-unit high density project at 4416 South College Road, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT: 1. The number of units which would be constructed on the property, with its current zoning, in the absence of a special use permit, is thirty (30). Thus, at 122 units, the requested special use permit is for an increase of ninety-two (92) units. 2. The project as proposed would create an additional 200 trips per day, approximately, on College Road,which is currently an F-rated thoroughfare,when compared to a non-high- density development on the same property. 3. The project would be visible from the adjoining Georgetown subdivision, and these large condominium buildings would be less harmonious with that neighborhood than a single-family development allowed by right in the R15 zone. 4. While there is an apartment complex to the rear of this property, all of the immediately surrounding property to the south, east and north are neighborhoods consisting of single family construction. 5. Georgetown subdivision is already experiencing dangerous traffic patterns due in large part to cut-through traffic between 17th Street Extension and College Road, and the proposed project has the potential to make that situation worse. (yj t 1 6. The project would in no way improve the traffic intensity, flow or any other aspect of traffic on College Road. s 7. Questions remain as to whether the project would worsen flooding problems in the i adjacent Georgetown subdivision. 1 Based upon the preceding FINDINGS OF FACT, the Board hereby renders the following CONCLUSIONS: 8. The project as proposed does not meet the fourth requirement of the New Hanover i County Zoning Ordinance, Section 71-1, in that the location and character of the use if il developed according to the plan as submitted and approved would not be in harmony with the area in which it would be located, and would not be in general conformity with the plan of development of New Hanover County. 9. Therefore, because the County Commissioners conclude that all of the general and tY g specific conditions precedent to the issuance of the special use permit have not been I satisfied, it is ordered that the application for the issuance of a special use permit be I DENIED. Ordered this 3 i i day of April,2006. i i 1 :-,�, Robert G. Greer Attest: y I i \k.;.A\cs, \-- &tkkk i Clerk to the Board 1, t t 1 c i 3 L P 4-4 �. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Community Boating Facility(7 Boat Slips)in a R-20S District S-554,03/06 The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to consider application number S-554 submitted by GCW Properties for a special use permit to locate a 7 Slip Community Boating Facility in a R-20S Residential Zoning District located at 1647 & 1653 Canady Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Ogden Fire District. B. A private well will serve the dock facility. C. A very small percentage of the subject property is located in a 100-year floodplain. D. Access to the site is from Canady Road off Mason Landing Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-20S Residential Zoning District. A Special Use Permit allows a community boating facility in an R-20S Residential District. B. The property has existing docks that need rehabilitation, which would require minimal environmental impacts. C. The site will not need any off-street parking,because it is close enough to the residential lots it serves. D. The proposed community boating facility has seven (7)boat slips and seven (7)proposed } residential lots, which meets the required ratio. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities, as required by the ordinance, are proposed for the facility. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type projects exist in other residential districts in New Hanover County. B. Some commercial marinas and some community boating facilities have been previously permitted in the Middle Sound area. C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Resource Protection. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. B. An area approximately ten(10) feet wide that runs along the entire creek bank is brackish marsh and is in the Conservation Overlay District(COD). C. Surrounding land uses include single-family housing. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1. No overhead lighting on the marina facility. 2. Mitigate the four trees removed from the bluff area. 3. Protect the remaining significant trees on property. 4. The three waterfront lot owners relinquish their right to build individual docks. Ordered this 3`d day of April 2006 , iiiid-/6 02646, , 4�- 1, Robert G. Greer, Chairman Ats. \kNii\t, l.. 31*-bAc v Sheila Schult,Clerk to the Board 1 6 Gt_ 1-1- . 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Veterinary Clinic in an O&I Office &Institution S-552,03/06 The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to consider application number S-552 submitted by Betsy Burbank and Brad Kerr for a special use permit to locate a Veterinary Clinic in an O&I Zoning District located at 2311 Castle Hayne Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Wrightsboro VFD. B. Water is provided by a well and sewer is provided by a septic tank. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Castle Hayne Road,a major arterial. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an O&I Office and Institutional Zoning District. A veterinary clinic requires a Special Use Permit in an O&I zoning district. B. Parking, street yard and setbacks satisfy the county zoning ordinance. C. The applicant is requesting a variance for the buffer yard requirements of the county zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The abutting property to the south of the applicant's lot is a church in an R-20 Residential Zoning District. B. The abutting property to the north of the applicant's lot is a rental residential house. C. The property across Castle Hayne Road is zoned O&I Office&Institutional,but vacant. D. In addition to the veterinary clinic, other offices are proposed for the same building. E. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Urban Transition. The purpose of the Urban Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. B. A few veterinary clinics already exist in O&I districts and neighborhood districts in other areas of the county. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use,as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. Ordered this 3rd day of April 2006 1. '∎ —■ is Robert G. Greer,Chairman \IZt. — L\ikik,\\ i Sheila Schult,Clerk to the Board s u.P Lf. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Family Cemetery in a R-15 Residential Zoning District S-553,03/06 The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to consider application number S-553 submitted by Lucille B. Piner for a special use permit to locate a Family Cemetery in a R-15 Residential Zoning District located at 5708 Myrtle Grove Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in P q Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. No public water or sewer will serve the site. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Myrtle Grove Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a cemetery in an R-15 Residential District if the proposed cemetery meets health department regulations for cemeteries. B. The zoning ordinance does not require any other regulations or conditions for cemeteries. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance;namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type uses exist in other residential districts in New Hanover County. B. All the abutting and adjoining property owners are family members to the applicant. C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Resource Protection. The f purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. B. Surrounding land uses include farming and single family residential. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions €' precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. The applicants register the proposed cemetery with the North Carolina Cemetery Commission. B. The applicants provide a legal description of the cemetery site and record it with the New Hanover County Register of Deeds. C. Name the cemetery Piner Family Cemetery-for family members only. Ordered this 3rd day of April 2006 41A-6A 1 Robert G. Greer,Chairman Sheila Schult,Clerk to the Board I i Z aI • 4 , 13 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a State Employees Credit Union (Bank) in a CD (B-1) Conditional Use Highway Business District Z-831,02/06 The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to consider application number Z-831 submitted by J.C. Hearne for the State Employees Credit Union to permit a bank limited uses in a Conditional Use Highway Business District located at 535 Sanders Road on the North side and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove VFD. B. Public water and sewer will serve the site. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Sanders Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in a CD (B-1)Neighborhood Conditional Use Zoning District. B. A credit union is an allowed use in a CD(B-1)Neighborhood Conditional Use Zoning District. C. The site plan shall meet the requirements of the zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will or substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Limited Transition. E t B. Surrounding land uses include a residential development of 284 units directly to the north of the property, CD(B-1)directly across Sanders Road and south of the property. r 6. Therefore, because the County Commissioners conclude that all of the general specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that l the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. Provide interconnectivity to the Mott's Landing subdivision to the north of the property. &' B. Preserve the wetlands and COD area. C. Participate in the costs of the required traffic improvements to Sanders Road and the Carolina Beach Road intersection according to a Traffic Impact Analysis (TIA). s i t Ordered this 3`d day of April 2006. Z-W14/A6t.^..—• ( 4. 71;L-1..- '', 2• Robert G. Greer, Chairman All lib Vow,-_-;,—„„.....-.....„-_,Attest t , %\d:NtA. \.... t.)04u.A.\.\ Sheila L. Schult, Clerk to the Board , COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT e To Locate a Retail Nursery, Garden Shop, and Gift Shop l in a CD(B-1)Neighborhood Business District i Z-837,04/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number Z-837 submitted by L & D Contracting for a special use permit to locate a Retail Nursery, Garden Shop, and Gift Shop in a Conditional Use (CD) B-1 Neighborhood Business Zoning District located at 6215 Carolina Beach Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: r 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in 1 Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general i requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. f In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property currently has a well and septic tank. B. All of the property is located outside a 100-year flood area. C. Access to the property is from US 421 Carolina Beach Road D. Fire Service is available from the Myrtle Grove VFD 1 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and t specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: t i A. A retail nursery is a permitted use-by-right in a B-1 Neighborhood Zoning District. it B. The site plan shows the street yard,but not the necessary amount of plant material required, which is 13 3-inch caliper shade trees and 78 12-inch shrubs. C. Parking requirements are met in the site plan submitted. D. The site plan does not show the existing signage to determine compliance with the zoning ordinance. l E. The existing structure meets the minimum setbacks,but the enclosed porch violates the front setback requirements. s: F. The site plan shows a fence along the property lines,but does not meet the buffer requirements for abutting residential districts. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third t general requirement listed in the Ordinance; namely that the use will not substantially injure the value ti of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, t the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of commercial uses nearby. B. The nursery operated as a wholesale nursery for more than 20 years. 0 i { 5. It is the County Commissioners' CONCLUSION that the proposed use DOES 'satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which k it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: f A. The 2006 Land Use Plan Update identifies this area as Transition,no additional structures are . proposed. B. Several other B-1 CD zoning districts exist further south along Carolina Beach Road. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that t the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. The applicant must meet all of the zoning requirements for New Hanover County and correct any } current violations. f 3 q. 1 Ordered this 151 day of May 2006 I f �A ''III , 4114411.&' i = '0,114; Robert G. Greer, Chairman € 4 t g r Attest: ''ice�; v� A g i \t,b\c,, %&IAN- , t Sheila Schult, Clerk to the Board 0 0 t 1` t i E $ $ suP iV , s. z COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT { For 25 residential units in a CD(R-15)Zoning District Z-838, 04/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number Z-838 submitted by Mason Landing Yacht Club, LLC for a special use permit, companion to the conditional rezoning request, to locate a twenty-five (25) residential units in a CD(R-15) Residential District located at 2029 Turner Nursery Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has county sewer and private utility water service. B. The subject property along the boat basin is located within a 100-year flood area. C. Access to the marina will be from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from Ogden Fire Department. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site plan shows twenty-five(25)residential units,the maximum number allowed under the performance residential in an R-15 Residential zoning district. B. The amount of recreational space is 2.7 acres. C. The amount of impervious surface is 24.9%. D. The residential parking requirement is satisfied on the site plan. E. No buffering is required. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third X, general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that this project will decrease property values of nearby uses. B. The land use on this property has been a commercial marina within a residential district for 23 years. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2005 CAMA Land Use Plan update identifiees this area as Conservation and =' Watershed Resource Protection. B. Residential development at this density occurs frequently throughout the Middle Sound area. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan: Ordered this 1st day of May, 2006 Robert G. Greer, Chairman 7 t �l Attest:C),S\i■L L. Schult,Clerk to the Board ti { COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Commercial Marina in a CD(R-15)Zoning District S-556, 05/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number S-556 submitted by Mason Landing Yacht Club, LLC for a special use permit to locate a commercial marina facility in a R-15 Residential District located at 2029 Turner Nursery Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The property has county sewer and private utility water service. B. The subject property along the boat basin is located within a 100-year flood area. C. Access to the marina will be from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from Ogden Fire Department. E. The current commercial marina operates under Special Use Permit No.67, approved in 1973 and amended in 1999. Issuance of this permit will extinguish Special Use Permit No. 67. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The marina site plan shows 60 wet slips existing on the property, the same number as proposed for the new special use permit. Under the new permit, twenty-five of the wet slips will be reserved for use by an adjacent residential development. The remaining 35 wet slips will be the commercial component of the marina. B. All lighting shall be contained on site. C. No structures are allowed at the end of the pier. D. The parking requirement for commercial marinas is satisfied on the approved site plan. E. Buffering is required along all property lines abutting residential districts. The prior existing special use permit no. 67 required a buffer along the southern property line extending to the Intracoastal Waterway, and the proposed site plan also provides such buffer. F. Corrective actions noted in the February 16, 2006 letter from the zoning department must be completed. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abuttin g property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: ( I A. Similar type facilities exist in other residential districts in Middle Sound and New Hanover County. B. Some commercial marinas and some community boating facilities have been previously permitted in the Middle Sound area. C. No evidence has been presented that the proposed commercial marina will decrease property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Watershed Resource Protection and Conservation. The purpose of the Watershed Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Policies 3-18 & 19 encourage public access to our estuarine and public rust waters. B. Surrounding land uses include single-family housing. 6. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) No overhead lighting in the marina area. 2) The entrance sign must meet the current zoning ordinance requirements. I Ordered this 1st day of May, 2006 4"14/3-QL ��i1�j' Robert G. Greer, Chairman _ii-, %;),„\tn ... 0..\\In.A. Sh a Shulti,Clerk to the Board i 2 t t u P i V. . I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Singlewide Mobile Home in a RA Rural Agricultural Zoning District S-559,05/06 The County Commissioners for New Hanover County having held a public hearing on June 5, 2006 to consider application number S-559 submitted by Castle Hayne Farms for a special use permit to locate a singlewide mobile home in a RA Rural Agricultural Zoning District located at 4415 Castle Hayne Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Castle Hayne Fire District. B. An individual well and septic tank will serve the intended use. C. Access to the site is from a private driveway from Castle Hayne Road. D. Greenhouses and farmland are located nearby. E. The property is not located within the 100-year flood zone. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located within a RA Rural Agricultural District. Singlewide mobile homes are permitted by Special Use Permit in a RA District. B. Zoning setbacks for the singlewide mobile can be met on site. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will or substantially injure the value f; of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. According to the applicant, the proposed singlewide mobile home is approximately 125 feet removed from the nearest single family home. B. No evidence has been submitted that the proposed use will decrease property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: • s A. The New Hanover County Comprehensive Plan classifies the site as Aquifer Resource Protection. The purpose of this class is to provide for the preservation and protection of important natural,historic, scenic wildlife, and recreational resources. 6. Therefore, because the County Commissioners conclude that all of the general specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following r' conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. Ordered this 5th day of June 2006. 44Aed2 fi 4 I. * "� Robert G. Greer, Chairman Atte h 0. * %\kik\o, Clerk to the Board su. P /V. C4 . 2 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Limited Uses in a CD (O&I) Conditional Use Office& Institution District Z-840,05/06 The County Commissioners for New Hanover County having held a public hearing on June 5, 2006 to g consider application number Z-840 submitted by Cindee Wolf for GSSC Properties to permit limited uses a in a Conditional Use Office & Institution District located in the 4800 block of Carolina Beach Road on i the West side and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: ; 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. t' In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: f A. The subject property is located within the Myrtle Grove VFD. B. Public water and sanitary sewer will serve the site. C. The subject property is not located in a 100-year floodplain. D. Access to the site is from Carolina Beach Road and Horn Road. Both roads are public. ; ;! 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second I general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: t i A. A majority of the site is presently zoned O&I Office and Institutional Zoning District. B. Two (2) "flex" structures are proposed totaling 17,500 square feet. C. The site plan shall meet the requirements of the zoning ordinance for parking,bufferyards& setbacks. D. No conservation resources exist on site. E. Regulated trees shall be mitigated. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will or substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: t i A. Residential property exists to the north and west of the proposed site. B. No evidence has been presented that the 17,500 square facilities use will decrease the value of adjoining properties. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which i t it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 updated New Hanover County Comprehensive Plan classifies the site as Urban. B. Presently, the property is vacant. C. The present zoning for most of the property is O&I Office and Institution. 6. Therefore, because the County Commissioners conclude that all of the general specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the uses within the CD (O&I)District be limited to the following: Barber/Beauty Shop Offices for Private Business&Professional Activities Government Offices Neighborhood Drug Store Banks, Credit Agencies, Savings &Loans Business Services including Printing B. That the dumpster be located as far away as possible from the Wilson residence (northwest side) C. That a 6 foot shadow box fence be installed along the northwest side of the property. Ordered this 5th day of June 2006. ny Robert G. Greer, Chairman Clerk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For An Expanded Daycare Facility S-557,05/06 The County Commissioners for New Hanover County having held a public hearing on June 5, 2006 to consider application number S-557 submitted by LaDonna and Fred Sansevero for a special use permit to expand a child daycare facility from 5-10 children in a R-10 Residential Zoning District located at 501 Manet Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. County water and sewer serve the property. B. The property accesses Carolina Beach Road,an identified arterial,by Antoinette Drive an identified collector. C. Fire Service is available from the Myrtle Grove Fire Department. D. The property is located near an identified AE floodway for Mott's Creek 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-10 Residential. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. Employee parking exists,but not a designated area for drop- off and pick-up of children. C. The entire play area is in an enclosed fence with a minimum height of four feet. D. The applicant states the day care is licensed by the State of North Carolina. E. No outside on-premises signs currently exists. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will or substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan Update identifies this area as Urban and Conservation. B. Policies in the Comprehensive plan support providing additional services for the special needs population,the elderly as well as for children. } 6. Therefore, because the County Commissioners conclude that all of the general specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. Ordered this 5th day of June 2006. * Robert G. Greer, Chairman Attest: 1 NI-44 -41 .01K,k t \ P4)\\ L\ • Clerk to the Board } { EA to COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Vegetative Debris Recycling Processing Facility in an AI District S-560, 6/06 (Modifies S-487 09/02) The County Commissioners for New Hanover County having held a public hearing on July 10, 2006 to consider application number S-560 submitted by Long Leaf Wood Products for a special use permit to modify an existing special use permit located at 2829 N. Kerr avenue and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: } = A. Vegetative recycling operations exceeding 6,000 c.y. of material per quarter require a waste management permit from the State of North Carolina to assure compliance with state rules B. The property accesses N. Kerr Avenue via a 60 ft. wide private access easement C. Fire Service is available from the Wrightsboro VFD D. The property is not located in a flood hazard area. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second F. general requirement listed in the Ordinance;namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The operation is prohibited from emitting smoke, dust,or vibration or from creating glare or other visual hazards in the AI zoning district. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The facility and its appurtenant uses must satisfy the requirements of Article VI, Section 69.13-1(3) 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Other industrial uses are in the area. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in haimony with the area in which 3 i I 6g� 3 i d. it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan Update identifies this area as Transition. f B. Policies in the Comprehensive plan support location of industrial uses outside of environmentally sensitive areas. C. The property is zoned AI Airport Industrial. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: i 1) Petitioner must secure all necessary penuits from NCDENR and remain in t compliance with all applicable rules relating to the state permit. 2) Petitioner should make application to the Division of Waste Management for necessary peiinits within 60 days of issuance of this Special Use Permit 1 modification. 3) A copy of the Waste Management Permit should be returned to the Planning Department for inclusion in the file upon issuance by the state. 4) The new order removes Finding 2.(C) of the original S-487 order granting a special use permit.All other standards noted in the order granting S-487 remain in effect. Ordered this 10th day of July 2006 (-- , �=`� Robert G. Greer, Chairman 4 I __4\iv-,\,,, . 3..■ , Shelia L. Schult, Clerk to the Board i E- i f 1 COUNTY OF NEW HANOVER 1 STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Commercial Marina with Floating Structures in a B-2 District { 1 , S-561, 6/06 i The County Commissioners for New Hanover County having held a public hearing on July 10, 2006 to consider application number S-561 submitted by Cape Fear Riverboats, Inc. for a special use permit to locate a commercial marina with floating structures within the county's zoning jurisdiction in the Cape ; Fear River adjacent to 106/108 S. Water Street and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following 1 CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in ; accordance with the plans submitted to the County Commissioners. 1 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The existing operation has one floating structure by the county interpretation; a floating barge used as a waiting area,more or less permanently attached to pilings, for the riverboat,Henrietta III. B. Fire service is provided by the City of Wilmington. C. Water and sewer is provided by the City of Wilmington. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and '' specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: i t A. Water dependent uses are permitted by right in the City of Wilmington ordinance in the Historic District. B. Off-street parking requirements are met within the petitioner's property located in the City of Wilmington jurisdiction. The county's parking requirement is 2 spaces per floating structure to be provided on shore. C. Only the water area is within the county's zoning jurisdiction.A minimum of 2,000 sq. ft. of gross land area contiguous and above mean high water shall be provided for each floating structure on-shore. The applicant's on-shore property is reported as 8,580 sq. ft. D. Floating structures shall not be located within 15 feet of the waterward extension of all adjacent property lines. E. Each floating structure shall be provided with permanent water and sewer systems, and other standards as specified in 72-31.5. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: E ; pp' C t k. ; 1 is I A. The Wilmington waterfront allows water dependent uses such as the riverboat operation f along the Riverwalk. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if I developed according to the plan as submitted and approved will be in harmony with the area in which t it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Joint CAMA Plan Update only applies the classification system to land areas. This area is water. I B. Policies in the Plan support commercial uses "...within close proximity to the markets they serve..." 1 C. The Riverboat operation is part of the City of Wilmington's Historic Urban Waterfront concept, approved through permit number 149-98 by the Division of Coastal Management. , 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: 1) Floating structures should be limited to two(2) 2) All activities conducted on floating structures are subject to the county's noise ordinance. rr; 4 Ordered this 10th day of July 2006 , pF l'" 71-114 . Robert G. Greer, Chairman "ci Ati4 A --� g� . . t Shelia L. Schult, Clerk to the Board 1 t , _S (LP Iv PtI. 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Child Daycare for 12 Children in the R-15 Residential District S-566, 08/06 The County Commissioners for New Hanover County having held a public hearing on September 5, 2006 to consider application number S-566 submitted by Samantha Croom for a special use permit to operate a child daycare facility for up to 12 children in her home at 7213 Quail Woods Rd. and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is conducted in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance;namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. County water and sewer serve the property. B. The property accesses Murrayville Road,an identified collector. C. Fire Service is available from the Wrightsboro Fire Station. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in Section 72-20 of the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. B. Off-street parking requirements of 1 space per employee and four spaces for off-street drop off and pick up are shown on the plan and meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The site plan indicates a parking arrangement to facilitate entrance to and exit from the property without backing into the right of way. D. The entire play area is in an enclosed fence with a minimum height of four feet. E. The applicant states the day care is licensed by the State of North Carolina. F. No outside on-premises signs are currently in place. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. No new structures are proposed for the Special Use. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Urban,which provides for continued intensive development with urban services in place. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. Daycare needs are not addressed in the 2006 plan. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED. Ordered this 5th day of September,2006 k "V&A 41111 Robert G. Greer, Chairman Attest: Shelia L. Schult, Clerk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A County Fire Station in the R-10 Residential District S-562, 07/06 The County Commissioners for New Hanover County having held a public hearing on September 5, 2006 to consider application number S-562 submitted by New Hanover County Fire Services for a special use permit to locate a fire station at 5807 Murrayville Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: }` A. Murrayville Road is designated as a collector road in the county's thoroughfare classification plan. A. Current Level of Service on Murrayville Road is C&D B. The site is not within the 100 year floodplain. C. Locating the fire facility in this vicinity will decrease response time. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Setbacks shall be in accordance with Section 52.5 and the Special Highway Overlay District requirements. The site plan shows a setback of over 200 feet on the east side of the property and approximately 85 feet on the west side of the property ft B. Landscaping, including buffers, shall be in accordance with Section 67 C. Lighting shall be in accordance with 72-28(6) 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Other fire facilities are located within residential zoning districts in the county. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. The 2006 Joint CAMA Plan Update shows land classification as Transition. B. The area is approximately 1,500 feet from the intersection of N. College Rd. and Murrayville Road. Immediately adjacent uses are residential at this time. Cautious site design for the fire station will help preserve the residential character of the area while allowing for improved community safety. C. The vision statement in the 2006 CAMA Plan expresses the need to"adapt to growth as we preserve the values that make our community a great place to live. . ."Enhancing the County's ability to improve its emergency response in g y onse p growing areas of the county would be consistent with the vision. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a special use permit HAVE been satisfied, IT IS ORDERED that the application for the issuance of a special use permit be APPROVED subject to the site plan submitted and the following additional conditions: A. Align drive access with Knotty Court. B. Include low-level lighting in the final site design. Ordered this 5th day of September,2006 Robert G. Greer, Chairman Attest: Shelia L. Schult, Clerk to the Board Sup iV19. 1. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT For A Child Daycare for 204 Children in the R-15 Residential District S-564, 7/06 The County Commissioners for New Hanover County having held a public hearing on July 10, 2006 to consider application number S-564 submitted by Sharon Walker and Brad Dunker for a special use permit to locate a child daycare facility for 204 children located at 547 Sanders Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the first general requirement listed in the Ordinance; namely the requirement that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The additional traffic which would be generated by this particular use as proposed at this site, in light of the current traffic patterns and volume on Sanders Road, and given the characteristics of Sanders Road, would combine to pose a public safety hazard The Commissioners do also find as follows, though they find that such does not warrant a conclusion other than that found in Paragraph 2. B. County water and sewer will serve the property. C. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road an identified collector. D. Fire Service is available from the Myrtle Grove Fire Department. E. The property is not located in a flood hazard area. F. NCDOT traffic engineering department did not require a Traffic Impact Analysis. G. The applicant is proposing to voluntarily install a right turn/deceleration lane eastbound on Sanders Road. H. Parents may be able to combine trips with the elementary school. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The majority of parking spaces provided on site would be utilized by staff. D. The entire play area will be within an enclosed fence with a minimum height of four feet. E. The applicant states the day care will be licensed by the State of North Carolina. F. The site plan reflects Section 72-20 for sign dimension limits, when located on a collector or arterial, which cannot exceed a maximum size of 12 square feet(i.e. 3 X 4). 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Child care facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. Buffers in accordance with Section 67 of the ordinance are reflected on the site plan. D. Applicant volunteers to provide low profile lighting in the islands of the parking lot and an opaque fence on the east side of the property in addition to the vegetative buffer screen. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the 2006 Land Use Plan do not address daycare needs. C. Bellamy Elementary School is located adjacent to the proposed site. D. An independent site evaluation for the presence of Venus Flytraps observed no plants on this site. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a special use permit HAVE NOT been satisfied, IT IS ORDERED that the application for the issuance of a special use permit be DENIED. Ordered this 5th day of September, 2006 4//(1(Z:) ' Robert G. Greer,Chairman Attest: • AtSheila L. Schult, Clerk to the Board 'up / V. 1. 4 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Performance Residential Development in CD(R-10)Zoning District S-565, 8/06 The County Commissioners for New Hanover County having held a public hearing on September 5, 2006 to consider application number S-565 submitted by Dominion Land Corporation for a special use permit to locate a Performance Residential development in a CD(R-10) Residential District approved under companion action Z-844, said proposal being located on N. College Road in the vicinity of Parmele Road, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Secion 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. County water and sewer are accessible for the property. B. Sewer capacity is currently limited in the northern portion of the county. C. The primary property access is from N. College Road, an identified arterial. D. Fire Service is available from the Wrightsboro Fire Station. E. The property is not located in a flood hazard area. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential and I-2 Industrial. This request is made concurrent with Z-844 for conditional rezoning to CD(R-10)Residential. B. Off-street parking must meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. Traffic circulation must meet the standards and requirements of the subdivision ordinance. D. A traffic impact analysis has been provided which indicates a slight reduction in resultant traffic if developed according to the proposed plan. E. The site plan indicates connectivity to Parmele Road via Saddlebrook Dr., Plumtree Lane, and Creekstone Lane. F. Buffer of 13 acres will be provided between the residential use and the County Jail property. G. Trees must be protected as required in Section 67 of the zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Stormwater management must perform in compliance with the requirements of the County ordinance. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Aquifer Resource Protection, which allows for a' urban densities where public water or sewer is available. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. Adjacent neighborhoods to the north are zoned R-15. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. Conform to the recommendations of the traffic impact analysis, as reviewed and approved by the MPO and NCDOT. B. Include wetlands identified on the site plan in a conservation easement. Ordered this 5th day of September, 2006 Robert G. Greer, Chairman � '164/(\4261 .1r4 Attest: "' Sheila L. Schult, Clerk to the Board 5 L& P a P S 9. 1 a r COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT S-549,02/06,R-15 High-Density Residential for 122 Dwelling Units The applicant for this special use permit is Withers&Ravenel on behalf of Kevin Hoban, and the request is for a high-density residential project consisting of 122 dwelling units on twelve acres located at 4416 South College Road. Based upon the Board of County Commissioners hearing and decision rendered April 3, 2006, on this matter,and per the Order of Superior Court Judge Benjamin Alford, dated August 15, 2006, the Board hereby grants the applicant's special use permit. In doing so,the Board makes the following FINDINGS OF FACT and renders the following CONCLUSIONS: 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. Public water and sewer will serve the site. £ C. The subject property is not located in a 100-year floodplain. D. Access to the site is from South College Road, a major arterial thoroughfare. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows High-Density development in an R-15 Residential District in accordance with certain performance criteria. B. The maximum number of allowed units on 12 acres in an R-15 under High-Density development is 122 units. The applicant proposal has 122 units. C. The minimum required amount of improved recreational area is 1.8 acres. The proposed site has 2.0 acres of improved recreational land. D. Parking, building height and impervious coverage satisfy the county zoning ordinance. E. Buffer yards and setbacks are on the proposed plan and meet the county zoning ordinance. s i 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Similar type projects exist in other residential districts in New Hanover County. B. Other high-density projects are located in direct proximity to the proposed site. fi C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site as Developed. The purpose of the Developed class is to provide for continued intensive development on lands that have urban services. � l f i F B. Several High Density projects already exists along South College Road. t 5. Therefore,because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied,IT IS HEREBY ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for 1 the proposed use, as well as any additional conditions hereinafter stated: s } 4 B. Other: 1. There shall be a six foot high earthen berm along the northern property boundary. 2. Evergreen vegetation shall be planted on top of the berm. 3. The existing fence and vegetation on the northern boundary of the property shall remain. 1 x Ordered this, day of 03,0\,,, , 2006. ; V� . i Attest: / 1114e3Au -- . i Robert G. Greer, Chairman I \‘L',XL. ... % 3•,L, c 1 f Clerk to the Board i "---kte--61-4/-140- 4,--d /' b5ipc i Y r F, 1 1 4 1 { } t 2 F f l t„Ph/ P� 4 . 2 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For a Bed & Breakfast Inn in the R-15 Residential District { S-567, 10/06 The County Commissioners for New Hanover County having held a public hearing on November 13, 2006 to consider application number S-567 submitted by Lewis Martin and Jussara Bastos for a special use permit to operate a bed and breakfast inn in their home at 1731 Castle Hayne Road, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the County Zoning Ordinance WILL be satisfied if the property is conducted in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is served by well and septic tank. B. The property accesses Castle Hayne Road, an identified arterial. C. Fire Service is available from the Wrightsboro Fire Station. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in Section 72-39 of the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. Bed & Breakfast is allowed by special use permit in the R-15 Residential District. B. Off-street parking requirements of 1 space per bedroom plus 1 per employee are shown on the plan and meet the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The site plan indicates a parking arrangement to facilitate entrance to and exit from the property without backing into the right of way. A circular drive will be added. D. Signage cannot exceed four(4) square feet. E. No lighting beyond normal residential lighting is allowed. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: S-567 Page 1 A. Until recently Bed & Breakfast Inns have not been allowed in the county, so other examples are not in the area at this time. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. C. No new structures are proposed for the Special Use. D. The applicant proposes to offer 2 of the 4 bedrooms for bed and breakfast use. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Transition, which provides for k` continued intensive development with urban services in place. B. Policies in the plan support preservation of residential character and quality of life in existing neighborhoods. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED. Ordered this 13th day of November, 2006 t_4.‘ ked-A k64 — Robert G. Greer, Chairman 40'41 M, / . r':i164: ' \\I:\ II\141* Sheila L. Schult, Clerk to the Board S-567 Page 2 Sup / V /O COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Convenience Store&Boathouse in a CD(B-1)District Conditional Use Neighborhood Business District Z-802, 07/05 Modified 12/06 E The County Commissioners for New Hanover County having held a public hearing on December 4, 2006 to consider modification of the site plan for application number Z-802 (CD B-1) submitted by Howard Capps for Diako Construction for modification of the originally approved special use permit to construct a Convenience Store with Carwash and a Boathouse in a Conditional Use (CD) B-1 Neighborhood Business Zoning District at 4601 Gordon Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and 72-4 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the modified plans submitted to the County Commissioners. {' i fi 2. It is the County Commissioners' CONCLUSION that the proposed use as modified DOES satisfy the t first general requirement listed in the Ordinance; namely that the use will not materially endanger the F public health or safety if located where proposed and developed according to the modified plan as submitted and approved. In support of this conclusion, the Commissioners make the following I FINDINGS OF FACT: A. Public water and sewer is available near the site. E B. Access to the site is from Gordon Road, a major collector C. The property is served by the Ogden Volunteer Fire Department. s D. Z-802 applies to 4.46 acres.This modification applies to the front 2 acres. The boathouse portion remains unchanged. E. The location of the 60 foot drive access remains the same as in the original approval t 3. It is the County Commissioners' CONCLUSION that the proposed use as modified DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The specified conditions of the original approval are still in effect. Those are: Right-in, right- out only at the entrance to Gordon Road; Lighting not to shine on Evans residents; and Fence to extend entire length of property boundary adjacent to Evans residences. B. All other local, state and federal laws and standards apply. t I 4. It is the County Commissioners' CONCLUSION that the proposed use as modified DOES satisfy the 4 third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A.No evidence was presented that this modification will injure the value of adjoining property. 5. It is the County Commissioners' CONCLUSION that the proposed use as modified DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if t developed according to the plan as submitted and approved will be in harmony with the area in which t } t it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Urban. The purpose of the class is to provide for intensive urban uses where infrastructure is in place to support it. B. Other uses in the immediate vicinity are residential. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the modification of the SPECIAL USE PERMIT associated with this CD(B-1) location BE GRANTED subject to the following conditions: A. The project must still comply with the terms and conditions outlined in the original approval from October 3, 2005. B. The modified site plan is dated 10-16-2006 and entitled"Buy and Go Convenience Center" Ordered this 4th day of December, 2006 (� . ? 23 C William A. Caster, Chairman Attest: A law— Sheila L. Schult, Clerk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Performance Residential Development in CD(R-10) Zoning District 2-852, 11/06 The County Commissioners for New Hanover County having held a public hearing on September 5, 2006 to consider application number Z-852 submitted by Pumpkin Powerline Properties for a special use permit to locate a Performance Residential development in a CD(R-10) Residential District approved under companion rezoning action, said proposal being located at 4299 N. College, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion,the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer are accessible for the property. B. The property accesses an identified arterial. C. Fire Service is available from the Castle Hayne VFD. D. The property is located in a flood hazard area,however, all townhome development has been designed outside the flood hazard area. E. Stormwater retention has been included in the proposed site plan and is located within the wetland and flood prone areas of the property 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. This request is made concurrent with conditional rezoning to R-10 Residential. B. The proposed use is limited to attached single family residential. C. Density for this project will be limited to 3.3 units per net acres and is proposed at 114 units. D. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 243 spaces compared to 228 spaces required. E. Traffic circulation system will be via internal driveways and must provide adequate access for emergency service vehicles. F. Petitioner states, a traffic impact analysis was not required by NCDOT for this project. G. Buffer of at least 20 feet will be required along the northern boundary of the property. H. A tree survey must be performed and trees must be protected and mitigated as required in Section 67 of the zoning ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Stormwater management must perform in compliance with the requirements of the County ordinance. . 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Resource Protection and Conservation,which provides for the preservation and protection of important natural,historic, scenic,wildlife, and recreational resources. B. Policies in the plan support higher density in Aquifer Resource Protection areas when public services are available. C. Parson's Mill Farms is designed as a residential community along the northern boundary of the subject property zoned CD(R-10). 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. Project must go through County's Technical Review Committee. Ordered this 4th day of December, 2006 elk , 11 ,� '�! William A. Caster, Chairman Voir.,46,1re,4 i Attest: ." %\i\tik V.- &ak Sheila L. Schult, Clerk to the Board